Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,627 case citations
Before: Galwey AC
Before: Deputy President P
Before: Schonell J
Before: Schonell J
Before: G Sarginson, Deputy President
Before: Member P
The Fair Work Commission approved an enterprise agreement for Service Stream Maintenance Pty Ltd covering electrical power work in Tasmania. The Commission had concerns about whether the agreement was better for workers than the relevant award (the BOOT test), specifically about maximum daily hours and minimum hours for casual workers. The employer provided written promises (undertakings) to fix these issues by limiting daily hours to 8 and guaranteeing casuals at least 4 hours pay per shift. The Commission also noted a clause about deducting money when workers leave might conflict with minimum standards, but was satisfied a savings clause in the agreement would ensure workers kept their better entitlements. The agreement was approved to start on 19 January 2026.